Trademark Infringement

Examples

Our client, Maui Pineapple, sold its products
for many years under the trademark "Hawaiian Gold." A much
larger company, Del Monte, began selling similar products under the
same name, and then later under a near-identical name, thus eroding
the already modest market share of our client.

Challenges:
To reveal the defendant's willful intent to infringe and cause product
confusion in the marketplace Think Twice would need to precisely establish
the legal definitions, processes and parameters of trademark ownership
and infringement. , This would provide the foundation to show the
actual effect on our client, establishing causation for damages.

Solutions:
Our demonstratives tracked an intentional market strategy executed
by the defendant to engage in "reverse confusion" and to
"crush the competition." To convey this story to the jury,
we focused on several key objectives:

1. Educate the jury about "reverse confusion,"
its governing legal determinants and the defendant's intent to confuse;
2. Establish the known history of trademark use by our client;
3. Counter the defendant's argument that the infringed trademark was
"generic"; and
4. Clearly show the causal link between the defendant's strategy and
the changing revenue/market share of both defendant and plaintiff.

Outcome:
Supported by compelling demonstratives, our client won a very favorable
settlement.